Ali`i Mana`o Nui Lanny Sinkin: On Monday, November 4, the Temple of Lono filed an appeal at the Hawai’i Supreme Court based on rulings and failures to rule in the contested case hearing on whether the Thirty Meter Telescope should receive a permit. This appeal is separate from the appeal filed a few days earlier by other parties to the contested case.
To summarize the issues the Temple raised on appeal:
The Board of Land and Natural Resources and the designated Hearing Officer in the administrative proceeding below have systematically violated the Temple of Lono’s due process rights as party to the proceeding below by (1) refusing to permit the Temple to raise the question: Has the Applicant demonstrated a hostility toward the Traditional Hawaiian Faith that disqualifies the Applicant from receiving the permit requested? and (2) denying the Temple’s due process rights to full participation in the proceeding by refusing to consider numerous motions filed by the Temple.
Attached is a copy of the memorandum filed in support of the appeal. All Exhibits cited in the Memorandum can be found on the Department of Land and Natural Resources website at: http://dlnr.hawaii.gov/mk/documents-library/